Candidates Wearing Kara/ Kirpan Must Be Given Advance Notice To Reach Exam Centre One Hour Before Reporting Time: Delhi High Court Tells DSSSB

The Delhi High Court has directed the Delhi Subordinate Services Selection Board (DSSSB) to ensure that an adequate notice is given to candidates desirous of wearing a kara or kirpan, regarding the additional requirement for them to reach the examination centre one hour before the reporting time. The court directed that the notice must be given well in advance so that no undue hardship is caused to them.

Justice Rekha Palli directed thus while dealing with a plea challenging denial of entry to a Sikh woman, for an exam being conducted by DSSSB, for the reason of her wearing kara.

"It is expected that not only the DSSSB but all other recruiting agencies who conduct similar examinations will take appropriate steps in this regard well before the conduct of the examinations," the Court added.

The plea filed through advocates Kapil Madan and Gurmukh Singh submitted that the aforesaid action was in violation of the Petitioner's Fundamental Right guaranteed under Article 25 of the Constitution of India that allowed her to practice and profess the Sikh religion.

It was the petitioner's case that the authorities did not permit her to appear in the examination for selection to the post of PGT-Economics (Female) held in July last year even though she had, on the basis of the admit card issued to her, reached the examination centre before the closing time. It was also the petitioner's case that she was informed that she would not be permitted to appear in the examination till she removed her metallic kara.

"It is highly unfortunate that a specialised body like the DSSSB, which is regularly conducting examinations for selection to various posts in the public sectors in Delhi and in which examinations, a large number of Sikh candidates regularly appear, did not bother to take any timely action to inform the candidates that if they were desirous of wearing a kara and/or kirpan, they were required to reach the examination centre atleast one hour before the reporting time," the Court observed.

On the other hand, the DSSSB submitted that all Sikh candidates wearing kara or kirpan have been permitted to appear in examinations provided they reach the examination centre one hour before the reporting time. It was thus argued that the petitioner's plea that the action of the respondents in not permitting her to appear in the examination was violative of her right to practice Sikh religion, was wrong and without any basis.

"The respondent nos. 3 & 4, having not taken any steps to inform the prospective candidates about this requirement to reach the examination centre atleast one hour before the reporting time and having prevented the petitioner from appearing in the examination till she removed her kara and permitted the sleeves of her dress to be cut to half, have wrongly prevented the petitioner from appearing in the examination wherein she had an opportunity of being selected and appointed as PGT-Economics (Female)," the Court observed.

Therefore, it was concluded that the action of DSSSB was clearly unsustainable and was liable to be quashed.

At the outset, the counsel appearing for the petitioner submitted that the petitioner had no objection to appear in the examination for the said post subject to her being granted requisite age relaxation and the examination being conducted in a time bound manner.

Accordingly, time was granted by the counsel appearing for DSSSB to obtain instructions regarding the timeframe within which a fresh examination for the said post be held and also as to whether a fresh requisition for filling up the said post had been received from the concerned employer.

The matter has now been listed on August 2.

Calling the action as being manifestly arbitrary, discriminatory and violative of Art. 14, the plea averred thus:

"The Petitioner was directed to remove the "Kirpan" and "Kara" also before entering the examination centre. Being aggrieved by such request on part of the officials of Respondent No.4 the Petitioner refused to accede to the request and tried explaining that the Petitioner will not be able to remove the "Kirpan" and "Kara" since it was a matter of here religious faith and a part of her religious practice."

Further submitting that the vacancy was notified after a span of three years, the plea stated that the Petitioner has been preparing for the examination from the past 1 and half years and that she will suffer irreparable loss if she is not even allowed to appear in the exam.

"It is submitted that for a Sikh to wear and carry "Kirpan" and "Kara" is very pious and is an essential element of their practice of Sikh religion. The law recognizes that religious freedom is primarily a matter of conscience. The Constitution of India allows the freedom to manifest one's religion, alone and in private or in community with others, in public and within the circle of those whose faith one shares. The meaning of "Kirpan" and "Kara" is covered under the category of any metallic items as barred items in the examination center is unconstitutional and is a direct infringement of Article 14, 19 and 25 of the Fundamental Right of the Petitioner herein." The plea read.

Case Title: Mrs. Manharleen Kaur v. Union of India & Ors.

Citation: 2022 LiveLaw (Del) 639

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